Barr’s Testimony Is the Latest Example of the Trump Administration’s War on Congressional Oversight

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on Attorney General William Barr’s appearance last week before the House Judiciary Committee. Sarat argues that Barr’s testimony exemplifies the Trump administration’s defiance of the constitutional principle of congressional oversight.

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State v. Vargas

Docket: CR-19-0071-PR

Opinion Date: July 31, 2020

Judge: Montgomery

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court held that a defendant presenting an appellate claim of fundamental error due to cumulative prosecutorial misconduct does not need to assert fundamental error for every allegation in order to preserve for review the argument that misconduct occurred. Defendant was convicted of first degree murder and other crimes. On appeal, Defendant argued that the prosecutor committed several instances of misconduct. For all but three of the alleged incidents of misconduct, the court of appeals concluded that Defendant waived argument that error occurred because he failed to set forth an argument of fundamental error for each allegation. The court then determined that Defendant failed to successfully argue misconduct for any of his allegations. The Supreme Court vacated the court of appeals' decision, holding (1) when a defendant raises a claim on appeal that multiple incidents of prosecutorial misconduct, for which the defendant failed to object, cumulatively deprived him of a fair trial, the defendant need not argue that each instance of alleged misconduct individually deprived him of a fair trial; and (2) Defendant indisputably argued that cumulative error entitled him to a new trial due to pervasive prosecutorial misconduct.

Johnson Utilities, LLC v. Arizona Corp. Commission

Docket: CV-19-0105-PR

Opinion Date: July 31, 2020

Judge: Gould

Areas of Law: Constitutional Law, Government & Administrative Law, Utilities Law

The Supreme Court held that the Arizona Corporation Commission may appoint an interim manager to operate a public service corporation (PSC) based on its permissive authority under Ariz. Const. art. XV, 3. Under article 15, section 3, the Commission has permissive authority to make and enforce reasonable orders for the convenience, comfort, safety, and health of the public. Concluding that it was necessary to protect public health and safety, the Commission appointed EPCOR Water Arizona as an interim manager for Johnson Utilities, LLC, an Arizona PSC. Johnson filed a special action seeking to enjoin its enforcement, but the court of appeals denied relief, holding that the Commission has both constitutional and statutory authority to appoint an interim manager of a PSC. The Supreme Court vacated the court of appeals' opinion, holding that the Commission may appoint an interim manager based on its permissive authority under article 15, section 3 of the Arizona Constitution.